Currently, the Senate is attempting to pass a new immigration reform bill that would increase border enforcement as well as modify and expand many criminal definitions codified in the Immigration and Nationality Act.

Amnesty, which is an often misused phrase by the media is not included in the new bill, however the following provisions may benefit many foreign born individuals who are currently in the U.S. after either entering the country without inspection or who have overstayed. The provisions are loosely based on President Bush's Guest Worker Program and as of today include the following sections:

• Those individuals who have been here and working for more than five years would be eligible would be eligible to apply for permanent residence and ultimately Citizenship. Requirements would include a 6-8 year prospective work requirement, a clean record, English language study, and the payment of fines and all taxes previously owed.

• The second category of undocumented individuals would be those who arrived less than five years ago but before January 7, 2004. This group would be required to pay fines and within three years would be required to leave the country and reenter in a temporary status. Upon reentry, these individuals would have full job portability and could apply for permanent resident status after the first category of undocumented workers completed their processing.

• The final group of undocumented workers, those who entered the U.S. after January 7, 2004, would be required to leave the country, but would be permitted to apply for the new temporary worker program, however this new category would be allocated a limited number of visas each year, which could create a backlog.

We can only hope that this new guest worker or temporary worker program will benefit the many immigrants contributing valuable services to the United States and will allow many families and loved ones to remain together.

Please note that the following web page and those hereto linked, e-mails, articles or other forms of communication should NOT be taken as legal advice and are provided for general reference. Reliance upon any information for a specific situation is taken at your own risk and does not create an attorney-client relationship. Isais & Pfeiffer, LLP, strongly recommends seeking advice from an attorney experienced in immigration law.

Isais & Pfeiffer, LLPAn Immigration and Naturalization Law Firm

New Immigration Legislation

"Dedicated to the practice of immigration law and the clients they serve"